EUU, Alm.del - 2015-16 - Bilag 408: Svarbrev af 1/3-16 fra Folketingets formand til henvendelse fra det portugisiske parlament vedr. vedtagelsen af L 87 (smykkeloven)

Europaudvalget 2015-16
EUU Alm.del Bilag 408
Offentligt

Description of the new bill regarding

amendments to the Danish Aliens Legislation

the

The bill is based on the Government’s Asylum Package submitted to the Danish Folketing

(Parliament) on 13 November 2015, in which the Government proposed, among other things, 15

amendments to the conditions in the field of asylum. The bill will implement the necessary

legislative amendments following from the Government’s Asylum Package. The bill should be seen

in connection with other action taken by the Government in this field.

Postponement of access to family reunification for foreigners with temporary protection status

Under the bill, the period in which foreigners with temporary protection status do not generally

have access to family reunification will be prolonged from one to three years. This means that

foreigners with temporary protection will not have access to family reunification for the first three

years unless Denmark’s international obligations so require.

Tightening of conditions for permanent residence permit

The conditions relating to the qualifying period for obtaining a permanent residence permit will in

principle be tightened to six years’ legal residence for all foreigners who, in addition, are required to

fulfil a number of tightened fundamental conditions, including in relation to

vandelskravet

(the

requirement of good repute) (1) and requirements of Danish language skills and employment.

Furthermore, all foreigners must fulfil an additional two out of four supplementary integration-

relevant conditions in order to obtain a permanent residence permit. Foreigners who fulfil the

fundamental conditions and all four supplementary integration-relevant conditions may obtain a

permanent residence permit already after four years of legal residence in Denmark. Under the bill,

the special less restrictive access to a permanent residence permit for refugees, etc. will be

discontinued.

Seizure of cash and assets

It follows from current rules that an asylum seeker, who brings sufficient means to take care of him-

or herself, should not also receive support from the Immigration Service. This reflects a basic

principle of the Danish welfare state according to which the state will pay for those who cannot take

care of themselves, but not for those who can. This applies to asylum seekers as well as to Danes

seeking unemployment benefits. The Danish Immigration Service shall ensure that asylum seekers

receive the necessary support while their asylum applications are being considered. The support

includes basic maintenance, health care and accommodation. The basic aim is to ensure, that those

who are in need, also receive the necessary support.

The asylum seeker is obliged to inform on any means that the asylum seeker brings with him or her.

EUU, Alm.del - 2015-16 - Bilag 408: Svarbrev af 1/3-16 fra Folketingets formand til henvendelse fra det portugisiske parlament vedr. vedtagelsen af L 87 (smykkeloven)

The new bill provides the Danish authorities with the power to search clothes and luggage of

asylum seekers – and other migrants without a permit to stay in Denmark – with a view to finding

assets which may cover the expenses mentioned above.

With the bill:

Amounts of cash will be seized where it is a matter of amounts exceeding DKK 10,000

Items of major financial value i.e. exceeding DKK 10,000 will be seized. Personal items,

however, of special sentimental value will not be seized

Items of special sentimental value, which are exempted from seizure, may include e.g. wedding

rings, engagement rings, family portraits, decorations and medals, and the like. These are items

which are of special importance to an asylum seeker for personal reasons irrespective of the use and

market value of the item, and which cannot normally be replaced by a newly purchased item.

Other items may be seized, provided they are of major financial value. They are e.g. watches,

mobile phones and computers. With respect to these items, the bill implies that only items of a

value exceeding DKK 10,000 will be seized.

Items which are excluded from seizure according to the general rules on seizure of assets from

Danish citizens with public or private debt will also be excluded from seizure from asylum seekers.

Period for requirement to cover the cost of maintenance etc. is extended

The bill also implies that the period for which asylum seekers with sufficient means may be

required to cover the costs of their own and their family’s maintenance is extended to the date when

they are offered housing in a local community or – in case their asylum application is rejected –

when they leave or are deported from Denmark.

Benefits to asylum seekers is reduced

The bill implies, furthermore, that the size of the cash benefits paid to asylum seekers (basic

allowance, supplementary allowance and caregiver allowance) will be reduced by 10 percent in

relation to the rates that would otherwise apply to 2016.

Access to lodging outside asylum centres discontinued

In addition, the bill states discontinuation of the access of asylum seekers to obtain lodging in

separate and special dwellings outside asylum centres.

Changed criteria for selection of quota refugees

Furthermore, the criteria for the selection of quota refugees is to be amended, sp that it includes a

subsidiary criterion with emphasis on integration potential. This corresponds to what the VK

(Liberal-Conservative) Government introduced in 2005.

Withdrawel of refugees’ residence permit due to travel to home country

EUU, Alm.del - 2015-16 - Bilag 408: Svarbrev af 1/3-16 fra Folketingets formand til henvendelse fra det portugisiske parlament vedr. vedtagelsen af L 87 (smykkeloven)

Under the bill, the rules will, moreover, be tightened regarding the withdrawal of a refugee’s

residence permit due to holiday or other short-term stay in his/her home country. According to the

bill, when determining whether a refugee’s residence permit should be withdrawn great importance

should be attached to the fact that refugees, by voluntarily travelling to their home country, have

themselves given rise to an assumption that the conditions justifying the granting of their residence

permits have changed in such a way that the refugees are no longer at risk of persecution.

Fees for family reunification etc.

Lastly, the bill introduces fees for submitting applications for family reunification and fees for

applications for permanent residence permits submitted by refugees, etc.

Exceptions will be made where international obligations so require.

(1) Vandelskravet (the requirement of good repute) - the term good repute is used about a

person with a good reputation and known to be honest, true and forthright.